The prosecution of this case is dismissed.

1. The Defendant, as the representative of Seongdong-gu Seoul Metropolitan Government Co., Ltd. in B and 9 floors, is an employer who conducts educational services using 20 full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant employed from March 2, 2014 to February 29, 2016, and did not pay KRW 1,650,000 in January 2, 2016, paid KRW 1,650,00 in total, KRW 1,650,00 in February 2, 2015, and KRW 3,408,370 in total, KRW 108,370 in the settlement of accounts as of the end of February 2015, without agreement between the parties on the extension of the payment date.

(b) Where an employee retires, an employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred;

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant did not pay the above F's retirement allowance of KRW 1,200,000 within 14 days from the date of retirement in which the grounds for payment occurred, without the agreement between the parties on the extension of the payment deadline.

2. Applicable statutory provisions: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act, Article 109(2) of the Labor Standards Act, the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, which dismiss a public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (the submission of a written withdrawal on May 10, 2017, after the institution of the instant public prosecution).